Change the Name of an Already Registered Brand, Can You?

Registering a brand is a strategic move that many businesses make to protect their business identity. However, there are times when the decision to change the brand name becomes a consideration, even though the brand has been officially registered.

There are many causes, ranging from brand names that don’t really represent the business to brands that have the potential to be misused. Or even as simple as just the mere desire of business actors to change to make it look less boring and other reasons. Then, can the brand name that has been registered be replaced and changed? How can you do that? To find out the answer, let’s see the full explanation below.

Can you change the name of a registered trademark?

Quoted from the DJKI Frequently Asked Question (FAQ) page, there are several changes that cannot be made when the brand is successfully registered, including:

1. Name;
2. logo/etiquette; and
3. Description.

Then, what if the business wants to change the name of the registered trademark? Due to the change in the name of the registered trademark can not be done, then the steps that can be taken by the business actors is to re-register a new trademark in accordance with applicable regulations.

Then How to Re-register the Brand?

Just like trademark registration in general, every business actor who will register a trademark must fulfill the requirements in accordance with Article 4 of the Trademark Law and Article 3 of Permenkumham 67/2016, namely:

1. Fill out a duplicate form in Indonesian
2. The application for a trademark shall contain at least the following matters:
   • Date, month, and year of application;
   • Full name, nationality, and address of the application;
   • Full name and address of the proxy if the application is submitted through a proxy;
   • The name of the country and date of the first request for the mark in the case of an application filed with priority rights;
   • Brand label;
   • Color if the trademark applied for registration uses color elements; and
   • Class of goods and/or services and description of the type of goods and/or type of services.
3. The submitted application must be signed by the applicant or his/her attorney
4. If the application is submitted by more than one applicant, then all names are listed by selecting one of the applicant’s addresses.
5. In submitting an application, the following documents must be attached:
   • Proof of payment of application fee;
   • 3 pieces of brand label;
   • Declaration of brand ownership;
   • Proof of priority, if using priority rights

After fulfilling the above requirements, businesses can apply for re-brand registration on the Directorate General of Intellectual Property (DJKI) website and make registration payments.

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It can be concluded that a registered trademark cannot be changed or replaced, so if the business has a new brand name, it is necessary to apply for re-registration to the DGKI.

READ ALSO: Creating a Trademark, What Are the Things to Consider?

Well, if KH Friend is a business actor who wants to change the brand name but is still confused or does not have time to re-register, you can consult with Kontrak Hukum.

Together with officially registered Intellectual Property experts, we can help you to take care of brand re-registration easily and quickly for only IDR 2 million! Let’s simplify all business brand matters by visiting the KH Services – Brand page. If you have questions about other business needs, please contact us at Ask KH or send a direct message (DM) to Instagram @kontrakhukum.